This content applies to Scotland only.

Housing laws vary between Scotland and England. Get advice relating to England

Your landlord is entitled to keep money from your deposit to cover breakages, damage and unpaid bills. But sometimes landlords retain deposits unfairly. This section explains what you can do in this situation.

When can my landlord keep my deposit?

Your landlord is entitled to keep money from your deposit if:

• you have broken or damaged anything in the property (allowing for fair wear and tear)
• you haven't looked after the property properly and your landlord must pay for it to be cleaned (again, allowing for fair wear and tear)
• anything on the inventory is missing
• you have left any unpaid bills
• you have rent arrears.

What if my landlord has kept my deposit unfairly?

You may believe your landlord has kept back your deposit unfairly if, for example, they:

• have considered fair wear and tear to the property to be damage
• are claiming you have damaged the property or left it in a bad state when you haven't
• haven't given you any reason for not returning your deposit.

Your landlord or letting agent should give you reasons for refusing or delaying the return of your deposit when you leave. This should include a breakdown of specific costs, including:

• details of any unpaid bills they say you owe
• the costs of repairing or replacing any specific items they say you have damaged or removed
• the costs of any cleaning that has needed to be done.

If your landlord or letting agent does not include a breakdown of the costs, you can write to request that they do so. You can download a sample letter or create a letter online here.

Decide whether you agree with the costs. If you are prepared to accept responsibility for some costs and not others, write back and say so, stating the balance you expect to have returned. You can download a sample letter here. If you've taken photos of the property that back up your case, include these with your letter. If you think the level of any of the costs (such as those for repairing damage or cleaning) are unreasonably high, you are entitled to ask for receipts to be provided.

If your landlord or letting agent still refuses to return the money, write back and give them a deadline (for example, two weeks) to reply in writing. Explain that if you don't get your deposit back, you will be forced to take action in the small claims court. Keep copies of all your letters.

What if a letting agency won't return my deposit?

If you rented through a letting agency and they hold your deposit, they do so on behalf of your landlord. If you feel they are acting unreasonably in withholding your deposit, you can contact your landlord directly. You are entitled to know the name and address of your landlord, which should be written on your tenancy agreement. In addition, the agent has a legal duty to provide this information within 21 days, if you request it in writing.

If you don't get a reply or your landlord or agent still won't give you the money, you are entitled to take action to recover the money in the sheriff court (see below). In this case, you should raise action against your landlord, not the letting agency.

If your letting agent behaves unreasonably and is registered with an organisation such as the Association of Residential Letting Agents (ARLA) or the National Approved Lettings Scheme (NALS), or is signed up to a landlord accreditation scheme, you may want to contact the organisation to report the problem.

If the agency stops trading or disappears with your money, you should notify the police and Trading Standards. You should then contact your landlord to recover your deposit.

What if negotiation doesn't work?

If your deposit is less than £3,000, you can take action against your landlord in the small claims court. This is quite straightforward. Landlords and agents sometimes pay up as soon as they receive court papers, so you may not have to go to court. Get advice from Citizens Advice if you're considering taking this step. You can find out more about using the small claims procedure here.

Complaining to the council

If your landlord withholds your deposit unfairly, you should also complain to your local council, who should hold details of your landlord on their landlord register.